From 2011 onward, during all Smog Tests, all vehicles will have the software scanned to make sure that the software is compliant to the BAR. So, if this performance chip is not BAR approved, then you are taking a risk for a Emissions tampering, which means that you will have to rework you car back to stock. The CHP will also be doing spot checks as of 2011.
I do Gold Shield Emissions work for the BAR in CA, so I just wanted to make you aware of the risk.